ISLAMABAD: The law ministry has advised National Assembly Speaker Asad Qaiser not to issue production orders for two MNAs from tribal areas — Mohsin Dawar and Ali Wazir — who were arrested for their alleged involvement in a recent attack on a security check post in North Waziristan.

A source told Dawn on Friday that due to persisting demand of the opposition that the speaker should issue production orders for the two, Mr Qaiser had sought legal opinion of the law ministry.

The ministry sent a letter to the speaker quoting a decision of the Supreme Court in Rana Muhammad Arshad vs Additional Commissioner (revenue) Multan case of 1998, which reads: “In the light of above, as the nature of the charges against the detenues touches upon stark act of terrorism, seemingly corroborated by contemporaneous testimony of eye witness, as broadcasted in the media widely, the honourable speaker may well exercise his discretion by not issuing the production orders in question.”

Asad Qaiser approached law ministry over production orders for the legislators from tribal areas

The letter further said: “This is more so, as the presence of the detenues is not necessary for purpose of making oath as members of the National Assembly, as noted in the Baldive Kumar case, cited supra. The peculiar facts of the mater are such that the scales of public welfare and interest, which constitute the sup­reme law, appear to crave for a rejection of the request for the issuance of production orders in question.”

The speaker office received the letter on the day the National Assembly had already passed the budget.

The opposition members had been asking the speaker to issue production orders to allow the two MNAs represent their people in the budget session.

The opposition members had said in the lower house of parliament that they were participating in the budget session under protest against the non-issuance of production orders for the two MNAs.

Published in Dawn, June 29th, 2019